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Suwanee boys found in Texas, father arrested

Henry Cleary, left, and Ben Cleary

Henry Cleary, left, and Ben Cleary

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Daniel Cleary

SUWANEE -- The two Suwanee brothers who were reported missing this week were found in Austin, Texas with their father, who is now in custody and facing charges.

After a nationwide search, Ben and Henry Cleary — ages 9 and 7 — were visiting with their father, Daniel Cleary, of Roswell, and were supposed to return home to their mother on Wednesday. An Amber Alert was issued Thursday.

Roswell Police Lt. James H. McGee said that the 46-year-old Daniel Cleary was taken into custody Saturday evening in Austin, Texas.

"We have recovered the kids," McGee said. "They were with him and they were OK."

Austin police said a citizen had recognized the boys from the alert and notified police at 5:11 p.m. CDT that they were at a hotel.

Officers "observed the suspect and the two boys, and recovered the two boys and took the suspect into custody," Austin police Lt. James Nisula.

The children's mother, Theresa Nash, spoke to the boys by phone and was on the way to get them.

She said they were "battling each other on their IPads and planning Henry's birthday party."

Nash said earlier that she was concerned because Daniel Cleary had purchased a firearm about a month ago, was under stress and drinking.

Police said they did not know if Daniel Cleary was in possession of a firearm when he was taken into custody.

McGee said authorities will arrange for Daniel Cleary's extradition to Georgia. He faces a charge of interstate interference with custody, a felony. McGee said police will discuss with prosecutors whether other charges will be brought.

Police on Friday had released surveillance footage showing the two missing boys at a Walmart in Tennessee on Dec. 23 and 24 with their father. Though initial reports were that the Walmart was in Jackson, McGee said it was in fact in Chattanooga.

The vigil that was set for 2 p.m. on Sunday at Suwanee Town Center will still be on and will now be a prayer of thanks.

The Associated Press contributed to this article.